Dismissed

1. Arun Narayanan Nair v. State of Kerala

Kerala HC3 Jun 2024Crl.MC/142/2023

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of a final report for offences under Sections 498A/34 IPC arising from allegations of cruelty and dowry demands against a husband and father-in-law. The court held the materials prima facie disclosed the offence and dismissed the petition; as to the deceased second accused, the prayer was infructuous.

What the court decided

AI extract

1. Arun Narayanan Nair Vs State of Kerala — Dowry and Cruelty | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

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MONDAY, THE 3RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946

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CRL.MC NO. 142 OF 2023

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CRIME NO.1505/2021 OF KALAMASSERY POLICE STATION, ERNAKULAM

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PETITIONERS/ACCUSED 1 AND 2:

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1 ARUN NARAYANAN NAIR AGED 36 YEARS

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SON OF M.R. NARAYANAN NAIR 'BHASURI', XXVIII/219,
PIPELINE ROAD, MNRA CROSS ROAD 6, THRIKKAKARA
CHANGAMPUZHA NAGAR P.O., ERNAKULAM, PIN - 682033

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2 M.R. NARAYANAN AGED 73 YEARS

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SON OF RAMAN NAIR 'BHASURI', XXVIII/219, PIPELINE
ROAD, MNRA CROSS ROAD 6, THRIKKAKARA, CHANGAMPUZHA
NAGAR P.O., ERNAKULAM, PIN - 682033

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BY ADV BOBY MATHEW

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RESPONDENTS/STATE AND DE FACTO COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

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2 SARANYA ASOKAN

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AGED 30 YEARS, DAUGHTER OF SANKAR RAMANATHAN ASOKAN
D-11/63, ASMITA JYOTI CHS, CHARKOP NAKA MARWE ROAD,
MALAD WEST, MUMBAI, PIN - 400095

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R1 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 142 OF 2023 2

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ORDER

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Dated this the 3^rd day of June, 2024

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This petition has been filed under Section 482 of the Code of Criminal Procedure to quash all further proceedings in Annexure A1 Final Report in Crime No.1505/2021 of Kalamassery Police Station, Kochi city.

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Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the relevant documents.

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The prosecution case is that, the 1^st accused married the de facto complainant/2^nd respondent on 31.1.2020, as per the religious rites and they stayed together at the matrimonial home, where accused Nos.1 and 2 were residing. At 9.00 p.m. on 24.2.2021, the 1^st accused caused burn injury on the left shoulder of the de facto complainant, by using a cigarette containing Ganja, while he was smoking the same. The further allegation is that the 1^st accused slapped on her cheek and she was threatened with dire consequences in the event of disclosure of

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CRL.MC NO. 142 OF 2023 3

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the same. The allegation against the 2^nd accused/ father of the 1^st accused also is that, accused Nos.1 and 2 jointly demanded more money and gold ornaments from the de facto complainant and thereby, the de facto complainant was subjected to physical and mental cruelty. On investigation, Final Report filed, alleging commission of offence punishable under Section 498A r/w Section 34 of the IPC.

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It is submitted by the learned counsel for the petitioners that the 2^nd accused is no more and if so, the case against the 2^nd accused stands abated and in this regard, a decision will be taken by the trial court, in accordance with law. In view of the above, the prayer for quashment at the instance of the 2^nd accused has become infructuous.

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The learned Public Prosecutor opposed quashment sought for by the 1^st accused on the submission that the recitals in the statement of the de facto complainant would show sufficient materials to attract offence punishable under Section 498A of the IPC and therefore, this matter would require trial.

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On perusal of the records, it is discernible that on 24.2.2021, the 1^st accused caused burn injury on the left shoulder

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CRL.MC NO. 142 OF 2023 4

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of the de facto complainant, by using a cigarette containing Ganja, while he was smoking the same. The further allegation is that the 1^st accused slapped on her cheek and she was threatened with dire consequences in the event of disclosure of the same. Further, accused Nos.1 and 2 jointly demanded more money and gold ornaments from the de facto complainant and thereby, the de facto complainant was subjected to physical and mental cruelty.

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Thus, it appears that prosecution records would constitute materials to bring home offence under Section 498A of the IPC, prima facie and therefore, quashment cannot be considered and as such, the matter shall go for trial.

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In the result, this petition is dismissed.

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Sd/- A. BADHARUDEEN JUDGE

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CRL.MC NO. 142 OF 2023 5

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APPENDIX OF CRL.MC 142/2023

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PETITIONERS’ ANNEXURES

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ANNEXURE A1CERTIFIED COPY OF THE FINAL REPORT DATED
15/03/2022 IN CRIME NO.1505 OF 2022 OF THE
KALAMASSERY POLICE STATION

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ANNEXURE A2CERTIFIED COPY OF THE FIRST INFORMATION
REPORT DATED 04/10/2021 CRIME NO.1505 OF
2022 OF THE KALAMASSERY POLICE STATION
ANNEXURE A3TRUE COPY OF THE LAWYER NOTICE DATED
30/08/2021 CAUSED TO BE ISSUED BY THE 2ND
RESPONDENT ON THE 1ST PETITIONER
ANNEXURE A4TRUE COPY OF THE REPLY LEGAL NOTICE DATED
01/10/2021 CAUSED TO BE ISSUED BY THE 1ST
PETITIONER IN REPLY TO ANNEXURE A3 NOTICE
ANNEXURE A5TRUE COPY OF THE ORDER DATED 20/10/2021
PASSED BY THE HON'BLE SESSIONS COURT,
ERNAKULAM IN CRL.M.C.2147 OF 2021 GRANTING
ANTICIPATORY BAIL TO THE 2ND PETITIONER
ANNEXURE A6TRUE COPY OF THE ORDER DATED 20/01/2022
PASSED BY THIS HON'BLE COURT IN BAIL APPL.
NO.9730 OF 2022 GRANTING ANTICIPATORY BAIL
TO THE 1ST PETITIONER

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RESPONDENTS’ ANNEXURES : NIL

1. Arun Narayanan Nair v. State of Kerala

Case brief

What is this about?

What the court decided

1. Arun Narayanan Nair v. State of Kerala

Case brief

What is this about?

What the court decided

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